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My maternal uncle legally adopted me in1994 when I was just 14yrs old.all formalities get done in Kanpur court, and I started living with both of them, mama and mami ji.but I reliazed that they were not treating me like a child,they both were not of good behaviour.. They always quarrel with each other..bcoz my uncle was having a baseless doubt on his wife character from the last many years and he wanted to me that I should play a role of chowkidar in the house...although I didn't find anything wrong in the house or in auntys character. Auntyji also torchered me alot physically or mentally bcoz she was not happy with the decision of adopting me. She wanted an adoption from her family.. She agreed later on but was not happy inside... I left there house many times.. They called me many times.. Life was going this way only I was feeling totally disturbed mentally torchered then I decided to live alone somewhere... Total 4 or 5 years I lived with them.i visit whenever they called me for any reason or in there illness.. But they never showed me there love towards me never supported me in any manner, morally or financially.many years passed like this only.. Today I m married and they didn't take any interest in my marriage or in my life even not a single help in any manner. I don't live with my biological parents also bcoz they are not financially strong but support me morally.. I live in another city and in private school job. After completed my 12th I m only bearing my all liabilities..recently my uncle auntiji sold out there ancestral house without my knowledge and shifted in another city 1month ago and yesterday I got the news that my uncle is no more he died on 9 Nov. 2019 .even auntiji didn't try to call me and my rights of funeral is also get it done by her close relative where they shifted recently..i have a copy of an adoption.they were not having any child before adoption and after adoption I m only a single legal child of them.till today I didn't ask for any help but today after 25 years of an adoption she is not showing any interest in giving my property rights.. I m living with the same identity and with there names in all my documents, Id,aadhar card, pan card which was got changed at the time of an adoption. My financial condition is not good and facing many problem.now I need a help, in this condition I m feeling helpless so please kindly suggest me an advice regarding my property rights. What should I do now...??? Regards

A. From the details as given by you it is clear that there was an adoption and you were legally adopted by your maternal uncle and aunt. There was a deed of Adoption, also. Adoption gives you all the rights in the adoptive family and you can claim your rights in all the properties whether it is moveable or immovable. For enforcing your rights you may file a suit in the competent court of law.
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A 70 year old widow, pensioner wants to adopt her sisters s SOn's daughter of 2 year old. She wants to give her property and the pension benefits. 1. Lady has no children of her own. 2. Can she give pension benefits to the baby until her majority?

A. pension only given to surviving spouse. Adopted children not entitled.
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Priyanka Ghose

Posted 3 months ago

Sir , We are married for 10 years and have no issue. So , We wish to adopt a male baby from home. Please , guide me, in this regard .

A. You need to follow the rules of adoption.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
J S  Pawar
J S Pawar Experience: 3 Year(s) Mumbai
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
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Arvind Kumar

Posted 3 months ago

I am 50 and my wife is 40. We just got married 18 months back and neither of us have any issues from the past. We are very keen to adopt a child as soon as possible, but CARA guidelines prohibits us to even apply before we complete 2 years of marriage. Also CARA says since our joint age crosses 90, we cant adopt a child of less than 4 years. Plus CARA is very strict with prospective adoptive parents choosing a child. Can I opt for adoption under HAMA? Will it give us any additional benefits vis-a-vis CARA? Is there any legal clash or contradiction between HAMA and CARA which might cause problems for us?

A. Opt for HAMA.
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Hi, We eant to adopt a child daughter and have known family with five daughters, and want us to adopt one of theirs. That family is not in our raltionship nor in our blood line. All childs are living with their family only. We are from rajasthan, my parents residing in the same vicinity where that couple reside. Is it possible to adopt one of their daughter? What will be the process, time and cost? As we currently reside in hyderabad, can we handle all legal process feom here?

A. Dear Sir,
If provisions of HAMA Act are satisfied then you can adopt.
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Anonymous

Posted 3 months ago

My sister got divorced few years back. She had a son. She has married again and her son is living together. Her son carries the surname of his biological father in all his IDs (aadhar card, voter id, PAN etc) Now is it possible to change his surname in all the IDs as per his mother's 2nd husband who has no objection and ready to adopt him legally if required?

A. You can change it by way of affidavit and consent of the person who intends to change the same and get such petition signed by a JM 1st Class.
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Anonymous

Posted 4 months ago

This is about my father's brother family. In 2012 both husband and wife were diagnosed with HIV. In 2013 march they have adopted a female child legally by registering with sub- registrar. In September 2013 they have been informed that they have AIDS. In 2014 the wife has died and in 2015 husband has also died due to this disease. The child adopted was wife's brother's daughter. Now my question is this adoption valid because the couple are diagnosed with life threatening disease ?

A. Adoption and life threatening diseases have nothing in common.
For a valid adoption one must fulfill the requisite conditions for a valid adoption according to the adoptions act.
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Mother after divorce remarried took surname of new husband. Child has surname of biological father . Is it possible to have surname of baby changed to that of mother before her board exams. presently child is 13 plus in class seven. please advise.

A. YES, it can be done.
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Dear sir, We are two brothers,my younger brother age 26 living with my mom & father.My mother's big sister is unmarried due to physical handicapness her age approx 53 years.she is an brass handicrafts manufacturer.she was adopted me when I was 3 year old now I am 29 year old .my primary schooling to college also done by her money in her home.My mother(who adopted me)was not made any legal adoption documents but now we both need legal adoption documents due to official work. How can we make adoption certificate.? Please guide sir

A. Go to the district collector
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Laxman B

Posted 6 months ago

I m married for last 8 years and we don't have any child so we want to adopt a newborn child of some known couple.What is the legal procedure as both parties are hindus.

A. yes you guys can take after getting it registered with the executive magistrate cum registrar
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Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
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